Foreign Affairs Cabinet Secretary Alfred Mutua has been ordered to relocate a toilet at his luxurious holidaymaking house in Kilifi County after a neighbour complained that it was emitting a foul smell and had become a public nuisance.
Environment and Land court judge Millicent Odeny agreed with Ms Felicita Conte that the toilet on Dr Alfred Mutua ’s chalet was a nuisance as it was erected near her dining room.
The court said although Dr Mutua defended the construction of the toilet saying he obtained all relevant building approvals including the expansion of ultra-modern visitors toilet, it was not enough defence to remedy the nuisance that occurred after the lavatory was completed alongside the septic tank.
“I have considered the pleadings, the evidence on record and the submissions by counsel and find that the plaintiff (Ms Conte) has proved her case against the defendant (Dr Mutua) on a balance of probabilities,” said the judge.
Also Read: Mutua shoved aside as Ruto visits Machakos
Justice Odeny further observed that the pit latrine on chalet No. 13 bordering Ms Conte’s dining section was a nuisance and should be relocated within 45 days from the date of the court’s decision. She delivered her ruling on June 8, 2023.
Ms Conte moved to court in 2018 as the proprietor of chalet No. 14 at Karibuni Villa in Mambrui seeking orders to restrain Dr Mutua, who owns the adjacent chalet No. 13, from developing a water closet near her dining section.
A chalet is a type of house of Swiss origin, typically low, with wide projecting eaves used by holidaymakers.
She said the former Machakos governor commenced construction of a pit latrine on his chalet but it was being erected right next to her dining area.
“When I raised the complaint to the management of the village, the development was stopped but the stoppage was only temporary as it resumed afterwards,” she told the court.
Joseph Dzuya, a caretaker for Dr Mutua, said his boss has owned and occupied the chalet for over five years having acquired it in 2013.
Mr Dzuya testified that they had done renovations, added a balcony, a toilet and an extension on the villa. He stated that the refurbishments were done for a period of three months in 2018 but the neighbour complained in 2019.
He said the renovations are within Dr Mutua’s own property and their positioning do not constitute any violation or enjoyment of Ms Conte’s property, or violating any laws or regulations as alleged
